Taking Measures to Prevent Violence and Abuse
Like the word, “intervention” means getting involved in another person’s affairs. The term intervention in the law book refers to appointing a third person to join a case and become a fellowship. The lawsuit provides rights to the intervenor; to make decisions for the best interest of the individual requiring support.
Hence there are two types of intervention order a magistrate can claim.
The two types of orders are as follows:
Interim Orders
The magistrate makes this order until having heard all the evidence that provides a thorough understanding of the case. Then only the final decision is passed. Therefore, interim orders are a short-term order.
The magistrate takes a call to pass this order if they suspect a danger towards the applicant. An interim order is made with or without the presence of the respondent. However, the respondent is bound to take up the command with immediate effect.
Note-
The applicant is the person asking for the order of protection.
The respondent is the person against whom the order is made.
Final orders
Upon assessing the whole case and the present situation, if the magistrate affirms the applicant needs protection, then a final order is passed. Hence, it is a long-term order.
The magistrate passes the final decision after evaluating the evidence heard at the contested hearing. A contested hearing is when the respondent disagrees with the request of the intervention order. Hence, they get a fair chance to prove it. Therefore, after hearing from both parties, the final judgment is made. Moreover, a magistrate can also pass a final decision if the respondent hasn’t opposed or shown up for the hearing.
How to apply for an order:
The applicant itself, who requires the protection, or a trusted member can apply for the order. A trusted member could either be an officer or a parent.
Moreover, a police officer can make an order even if the protected individual does not want it. For instance, if the officers believe the individual is exposed to violence and needs protection.
However, before applying for an intervention order legal advice is a must.
The process for applying is as follows:
One must fill the form, Information for Application for a Personal Safety Intervention Order.
Follow up an interview in the courts with the Registrar.
The process for personal safety and family violence intervention order is the same.
After doing the above mentioned, the applicant will sign the application to say it is correct to the best of knowledge. Moving forward, they will receive a copy of the summons, indicating the date and the time of the court hearings. However, an interim order can take place until the court’s date.
However, these orders come with a set of rules one must obey and live with it. Therefore, in the case of disrespecting the order, the officers can charge them with criminal charges.
Furthermore, if the family violence order is trouble some to live with, one can request a change of conditions. Hence, they will have to approach the courts.
Note- the family violence intervention order is only if the applicant and respondent are family members. There is a fair understanding of the law and orders. Yet, there is a procedure to follow.